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Help - landlord won't return deposit!

16K views 20 replies 8 participants last post by  mrypg9 
#1 ·
My landlord is refusing to return our deposit of 1500 Euros for the following reasons:

- Broken, sunken cushion on the couch
- Hairdye marks on the bathroom door
- A matress is sunken and a spring is broken
- One of the air conditioner remotes is missing

she also mentions the fact that we rented out our room for two months instead of completing the contract (2 out of 4 of us, and the new tenant paid the rent of course) and she had agreed to this with my roommate.

Now I would understand maybe 100 or so Euros for damages, but I absolutely do not agree with not returning the entire deposit.

Do any of you have any advice on how to deal with this? I’m not in Spain anymore but my two roommates are. My landlord can’t be entitled to the entire amount. I’ve already been through a horrible situation with a Spanish landlord and ended up losing nearly 1000 euros. I’m not getting messed with again. I’d appreciate any advice, thank you!
 
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#2 ·
I've never got my deposits back. The reasons have been ridiculous. The last time it happened, I had inadvertently stopped the standing order for the rent a month early - So there my landlord was telling me the immaculate house I'd had a company into clean was gonna cost over 1000€ to rectify and therefore couldnt possibly give me my deposit back, went ballistic when he realised the next day that the last months rent hadnt been paid. He demanded the last months rent and I demanded my deposit and thats how it still stands!!!!!!

I dont think theres much you can do about it sadly. I'll try and find the post I posted when this incident happened to me, there may have been some useful tips

Jo xxx
 
#8 ·
You should have sorted it out when you were still here I'm afraid, its almost impossible now without incurring the cocts of coming back

You may have been advised to take photographs of the alleged damage, cost out the new remote. However I wouldnt be suprised if the landlord produces a large quote for repairing / replacing the upholstery and bed.

A denuncia may have been the way forward but I suspect it's too late for all that now, sorry.
 
#9 · (Edited)
this happens all the time in Spain and needs to change, the only way is to fight it until the mindset changes, legally you are entitled to your deposit back however the law states that the landlord is also entitled to rescind some money to pay for any breakages etc. This is where the grey area comes in as they often find many things which you would not normally consider. One important point to remember though is that the landlord is NOT entitled to charge you for normal wear and tear, i.e. the depreciation of items in the household which occurs naturally over time
 
#14 ·
I personally think that its simply that the landlords have spent the deposit and havent got it to give back anymore!!

I thought that in the UK now, it was a legal requirement if done thru an agent, that the deposit money was put into a special bank account which cannot be touched. When the time comes, receipts have to be provided by the land lord justifying any reductions on the returned (or not) deposit

Jo xx
 
#17 ·
Tis the case now in studentland as well - our tenants are students and their deposits are held by a third party. They also have to have guarantors (sp?) such as parents who guarantee the rent for the full contract and will risk their credit rating if not - that's the easiest way to keep them in check rather than threatening court action etc.

I think it's quite fair now as have been on the other end as well. Touch wood our students are pretty good but then I think I'm a pretty good landlord - I wouldn't expect them to be touching up paintwork or deep cleaning - but they need to leave it as they found it otherwise. We have a full image inventory - pictures of every door, wall and floor as well as the fixtures and fittings so we can say 'no that large beer stain was not on the carpet when you moved in!' I'll be doing the same in our spanish rental in 4 weeks time =:-o !
 
#19 ·
For people about to sign a new contract.....If you find a reputable rental/estate agent they should hold the deposit in thier bank account and deal with any issues regarding damages when the lease expires but most do not as it can be a headache to reach an agreement between the owner and tenant and may lead to being involved in time consuming legal proceedings.
You should know who is holding your deposit (it should say on your rental contract). Some owners are prepared to slowly pay back the deposit by giving a rent reduction therefore gradually paying your deposit back whilst having the property inspected quarterly, meaning by the end of your contract the deposit has reduced to a few hundred euro's. It's worth a try as keeping the whole deposit in the owners bank account is risky, if they've spent it you'll never get it back because they'll see it as an out from thier savings or lack of.
 
#20 ·
I'm not sure that keeping it in an agents account is any safer under the present economic climate !!!! I've yet toknow of one that does that - I think in the UK, deposits have to be put into a special holding account, but its not obligatory in Spain. In fact I think some agents keep it as their finders fee and others charge two months deposit and keep half as their finders fee??!!


Jo xxx
 
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